The future of multilateralism: international law and institutions in an era of impunity and great power competition

Federica D’Alessandra

Oxford Institute for Ethics Law and Armed Conflict, Oxford

federica.dalessandra@bsg.ox.ac.uk

As part of its annual Rule of Law Symposium, held during the IBA 2026 Annual Conference in Toronto, Canada, the Rule of Law Forum hosted a panel discussion on ‘The future of multilateralism: international law and institutions in an era of impunity and great power competition’. The topic was selected in light of the rapid emergence of a multipolar world and surging geopolitical conflict, which are challenging established international laws, norms and principles, entrenching global impunity, and raising existential questions about the future of international law and multilateral institutions in world affairs.

The context

As 19th century-style great power competition makes a comeback, and the United States retreats from historic commitments to alliances and multilateralism, tensions escalate in Europe, the Middle East and the Indo-Pacific. Meanwhile, as frustration grows globally with perceived double standards and hypocrisy in foreign policy decisions, some actors engage in ‘whataboutism’ tactics and weaponise such debates for geopolitical and ideological purposes. In combination, such trends threaten to undermine the validity and universality of established laws, norms and principles that have anchored the global order and guided multilateral cooperation for decades.

In no uncertain terms, the existing international order is at a systemic crossroads: its geopolitical foundations, anchoring institutions and core norms are all faltering at once. The last decade, in particular, has been one of the most challenging for global peace and stability. We have witnessed the return of wars of conquest and attempts at forceful acquisition of territory. Wars in general are becoming both more complex and more violent. An increase in hybrid warfare tactics, technological developments driving transformation on the battlefield and the erosion of norms protecting civilians during war are all contributing factors.

Furthermore, the situation seems to get worse by the year, marking a concerning escalation of such trends. According to the United Nations, for example, last year marked the highest number of inter-state wars since 1946, as well as a 40 per cent surge in civilian casualties due to war.

In this new geopolitical landscape, international law and the normative domain also appear to have become a strategic battleground for great power competition. Beyond complicating the enforcement and implementation of international law by violating existing norms and abusing institutional oversight mechanisms, great powers are also competing to influence its future development, testing its reach and application, ushering in significant doctrinal changes and seeking to dominate standard-setting debates.

Fundamental questions

These trends raise fundamental questions: after a decades-long push towards universalisation, are we witnessing a reversal of the trend towards de-centralisation, diffusion or even fragmentation of international law and enforcement mechanisms?

If so, what risks do such trends present for the more equitable enforcement and normative coherence of international law moving forward, given that significant differences persist in regard to the capacity, access to resources and institutional set-up across regions? Similarly, in which direction will international laws and norms ultimately evolve in currently contested areas? And will ongoing international legal debates lead to an overall international legal framework to anchor future global cooperation that is more robust or thinner than at present?

The discussion

To discuss these and other questions, the Rule of Law Forum brought together a stellar panel of experts which included: Ambassador Beth van Schaack, distinguished fellow from the Stanford Center for Human Rights and International Justice and, until January 2025, ambassador-at-large for global criminal justice at the US State Department; Berit Reiss Andersen, Vice-Chair of the IBA Bar Issues Commission and BIC representative to the Council of the IBA Human Rights Institute, as well as Special Adviser to the Norwegian Red Cross and former chair of the Norwegian Nobel Committee; Professor Irwin Cotler, International Chair of the Raoul Wallenberg Centre for Human Rights, an Emeritus Professor of Law at McGill University, as well as former minister of justice and attorney general of Canada and longtime member of the Canadian Parliament; Professor Ron Levi, Distinguished Professor of Global Justice and Director of the Global Justice Lab at the Munk School of Global Affairs & Public Policy, as well as Visiting Professor at the University of Copenhagen’s Center of Excellence for International Courts. Federica D’Alessandra, Co-Chair of the IBA Rule of Law Forum, moderated the discussion.

Together, the panel addressed the current state of global disorder and the impact of authoritarianism and nationalism (as well as polarisation both within and among democracies), alongside great powers’ ongoing conduct on the global stage, and the implications on multilateral cooperation and global security matters. They also discussed questions relating to the institutional and normative coherence, as well as integrity, of the existing multilateral framework; the efficacy, impact and politicisation of international norms and institutions, including the impact of the most recent set of sanctions imposed by the US on various officials from the International Criminal Court; as well as the current and future trajectory of the US, including the impact of its current withdrawal from core multilateral agendas, perhaps especially those concerned with human rights, accountability and support for democracy and the rule of law, at a time when the world feels both uncertain and increasingly dangerous.

The panel engaged in a frank and sobering conversation about the current status of world order and international law. Despite the countless challenges experienced by international law and multilateral institutions, the group reiterated how multilateralism remains to the greatest benefit for humankind and, thus, the important role that everyone, and particularly lawyers, can and should play in defending the current system from attacks, preventing further normative backsliding and upholding the most sacred principles of international law. Although never perfect, diplomacy and international law remain humanity’s best chance to resolve disputes peacefully and prevent potentially catastrophic events that could upend the world’s collective aspirations for international peace, global security and human rights protections.